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My ex is not making child support payments and is way in arrears. Do I have the right to refuse visits?

And what does it take to get full legal 100% custody?  The court papers state that I have half, but in reality I have whole.  I want that documented and legalized...

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mardigras11

Asked by mardigras11 at 1:47 PM on May. 8, 2011 in General Parenting

Level 5 (66 Credits)
Answers (11)
  • No. It does not work that way. You can try to go through Child Support Enforcement, but they, too, can only do so much.
    m-avi

    Answer by m-avi at 1:48 PM on May. 8, 2011

  • Not legally but I personally feel if my ex can't provide for hid daughter he doesn't need to see her.
    emmyandlisa

    Answer by emmyandlisa at 1:49 PM on May. 8, 2011

  • If you stop visits, it will only hurt your children more. Look into someone way of enforcing the payments
    mrsvixen

    Answer by mrsvixen at 1:51 PM on May. 8, 2011

  • No you do not. Child support and visitation are two different issues. If you stop visitation, you will find yourself in court faces charges. Look into Child support enforcement. If it gets bad enough, they will put him in jail. A friend of mine has a brother in jail for failure to pay child support.
    layh41407

    Answer by layh41407 at 1:53 PM on May. 8, 2011

  • nope. Just call CS and tell them you want him held in contempt. They don't normally get involved until he's 3 months behind but if it's more than that, pick up the phone and call them. As for the custody, an attorney can help with that
    admckenzie

    Answer by admckenzie at 2:04 PM on May. 8, 2011

  • Nope. One does not have anything to do with the other.
    lovingmy4babies

    Answer by lovingmy4babies at 3:17 PM on May. 8, 2011

  • Nope two seperate areas of the court orders it sucks
    rinamomof2

    Answer by rinamomof2 at 3:53 PM on May. 8, 2011

  • Nope. He still has the right to visitation.
    meooma

    Answer by meooma at 5:09 PM on May. 8, 2011

  • No you do not. They are 2 separate issues. For sole custody you have to prove that he is an unfit parent and that is difficult to do. Withholding visits also harms the CHILD. Learn to do what is best for the child and worry about the child support later. Call child support and report that he is not paying and you want the order enforced.
    tyfry7496

    Answer by tyfry7496 at 6:44 PM on May. 8, 2011

  • NO and it sucks! I HATE THIS PART. BUT, I always let her go. In the end, you don't want to come up looking like the bad guy. I am fortunate that he only visits for a few hours and only when he with His parents. It's not their fault and they love her. As for him. I believe she is seeing the same side of him that I see. I want this so she can make wiser choices when she is older. I'd give up support completely if he would just stay out of our lives. If he is a good dad and he loves her she just will resent you later for keeping them apart. If he is a deadbeat, that will shine through in it's own way. Good Luck to you! I know this tears up your heart!
    mardigras11

    Comment by mardigras11 (original poster) at 1:05 PM on May. 8, 2013

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